Contract Allowing Notice to be Given by Mail does Not Authorize Service of Petition by Mail

Parties to a ground lease, which allowed for 'notice' to be given by mail, went through an arbitration. The parties who lost arbitration brought a petition to vacate arbitration award, and their attorney mailed the petition to respondent's counsel. Respondent brought motion to quash service. California Court of Appeal affirmed: CCP § 1290.4 provides that unless the arbitration agreement makes a different provision, petition to vacate shall be served 'in the manner provided by law for the service of summons in an action.”
Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.